STATE OF TENNESSEE v. TIMOTHY WHITBY - Articles

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STATE OF TENNESSEE v. TIMOTHY WHITBY

Posted by: Tanja Trezise on Apr 8, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Kendall Stivers Jones, (on appeal), Assistant Public Defender – Appellate Division, Franklin, Tennessee; Kim Nelson, Public Defender; Joe Norris (at trial), Assistant Public Defender, Kingston, Tennessee, for the appellant, William Flynn.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Lacy E. Wilber, Senior Assistant Attorney General; Russell Johnson, District Attorney General; and Jonathan S. Edwards, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

Following a bench trial, the trial court found the Defendant, Timothy Whitby, guilty of: vandalism under $1,000, a Class A misdemeanor; disorderly conduct, a Class C misdemeanor; and assault, a Class A misdemeanor. The trial court sentenced the Defendant to concurrent sentences of eleven months and twenty-nine days on each count, suspended to supervised probation. On appeal, the Defendant challenges the sufficiency of the evidence supporting his assault conviction, and the trial court’s sentence of eleven months and twenty-nine days for his disorderly conduct conviction. After review, we conclude that the trial court erred when it sentenced the Defendant to eleven months and twenty-nine days for his Class C misdemeanor disorderly conduct conviction. Thus, we remand for entry of a sentence within the appropriate sentencing range. We affirm the judgments in all other respects.

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